Summary: Disability Discrimination in Alberta
Under the Alberta Human Rights Act, it is illegal for an employer to discriminate against an employee based on a physical or mental disability.
Employers in Alberta have a legal duty to accommodate employees with disabilities. If your employer refuses to accommodate you or terminates you because of your medical condition, you may be entitled to significant compensation, including human rights damages and severance pay.
Protecting Your Livelihood
A medical diagnosis shouldn’t cost you your job. Our Alberta team ensures that employers respect your rights and provide the accommodations you need to succeed.
On This Page:
What is Disability Discrimination?
Workplace Examples
The Duty to Accommodate
Undue Hardship
Severance Rights
Speak to a Lawyer
What is Disability Discrimination in the Workplace?
Disability discrimination in the workplace occurs when an employee is treated unfavourably because of a physical or mental disability. This protection applies to all stages of employment in Alberta, from the initial job interview to the termination of the relationship.
Under Alberta law, “disability” is interpreted broadly. It includes visible physical disabilities, chronic illnesses, and non-visible “invisible” disabilities such as depression, anxiety, PTSD, or learning disabilities.
Disability Discrimination Workplace Examples
Discrimination isn’t always as obvious as a direct firing. Disability discrimination workplace examples often include:
- Refusing to hire a candidate solely because they disclose a medical condition.
- Passing over an employee for a promotion because they have taken medical leave.
- Teasing, “jokes,” or harassment directed at an employee’s physical or mental limitations.
- Reducing an employee’s hours or duties because the employer assumes they can no longer handle the work.
- Failing to provide necessary tools, equipment, or schedule changes needed for an employee to perform their job.
The Duty to Accommodate in Alberta
In Alberta, the “duty to accommodate” is the most critical part of workplace discrimination for disability law. If an employee has a disability that affects their work, the employer must make adjustments to help them remain employed.
Common accommodations include:
- Modified work hours or flexible schedules.
- Ergonomic equipment or physical changes to the workspace.
- Gradual return-to-work plans after a medical leave.
- Reassignment to a different, less physically demanding role if available.
What is “Undue Hardship”?
An employer is required to accommodate an employee unless it would cause “undue hardship.” This is a very high bar to meet in Alberta. It usually refers to extreme financial costs or serious safety risks that would make the accommodation impossible. An employer can’t claim undue hardship simply because an accommodation is “inconvenient” or slightly expensive.
Termination and Severance Pay
If you have been fired while on medical leave, or terminated shortly after disclosing a disability, your employer may have committed a human rights violation. In these cases, you are likely entitled to full severance pay, which can reach up to 24 months’ compensation.
Additionally, the Alberta Human Rights Commission can award specific “general damages” for the loss of dignity and injury to feelings caused by the discrimination.
Contact an Alberta Disability Discrimination Lawyer
At Samfiru Tumarkin LLP, we are experts in both employment law and disability law. We understand the intersection of disability discrimination in the workplace canada and the hurdles employees face when trying to get the support they deserve.